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California Assembly Bill AB2485

California 2017-2018 Regular Session

California Assembly Bill AB2485 Compare Versions

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1-Assembly Bill No. 2485 CHAPTER 263 An act to add Chapter 21 (commencing with Section 26250) to Division 20 of the Health and Safety Code, relating to code enforcement. [ Approved by Governor September 05, 2018. Filed with Secretary of State September 05, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 2485, Chau. Code enforcement: financially interested parties.Existing law provides for code enforcement officers employed by cities and counties who have enforcement authority for health, safety, and welfare requirements. Existing law also provides for county and city health officers to enforce orders and ordinances of the governing body of the county or city, or state statutes pertaining to public health.This bill would prohibit a local official, as defined, who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance from being accompanied during the inspection by a person with a potential financial interest in the outcome of the inspection, as defined, unless the person is the owner of the property or business, is the agent or representative of the owner, is a person who has, or operates under, a specified existing contract with the local government who has been directed by a local official to perform services at the property or business, or is a contractor or consultant, or a designated representative of a contractor or consultant, that is on a publicly available list of qualified bidders that may provide inspection, abatement, or remediation services to, and receive compensation for those services from, the local government, as specified. The bill would additionally prohibit a person who has entered into a contract with a local government for inspection, abatement, or remediation services, who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance without the presence of a local official from soliciting or receiving compensation from the owner to remediate any potential violations of a state statute or regulation or local ordinance found in the course of the inspection, as specified.The bill would include findings that this bill addresses a matter of statewide concern rather than a municipal affair. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 21 (commencing with Section 26250) is added to Division 20 of the Health and Safety Code, to read: CHAPTER 21. Prohibition on Financially Interested Individuals in Local Inspections26250. (a) Except as provided in subdivision (c), a local official who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance shall not, during the inspection, be accompanied by a person with a potential financial interest in the outcome of the inspection, unless the person is any one of the following: (1) The owner of the property or business.(2) The agent or representative of the owner of the property or business.(3) A person who has, or operates under, an existing contract with the local government of the local official to provide inspection, abatement, legal, or remediation services and has been directed by a local official to perform services at that particular inspected property or business.(4) A contractor or consultant, or a designated agent of that contractor or consultant, that is on a publicly available list of qualified bidders that may provide inspection, abatement, or remediation services to, and receive compensation for those services from, the local government. A person who accompanies a local official pursuant to this paragraph shall not solicit or receive compensation from the owner to remediate any potential violations of a state statute or regulation or local ordinance found in the course of the inspection.(b) Except as provided in subdivision (c), a person who has entered into a contract with a local government for inspection, abatement, or remediation services, who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance without the presence of a local official shall not solicit or receive compensation from the owner to remediate any potential violations of a state statute or regulation or local ordinance found in the course of the inspection.(c) Subdivisions (a) and (b) shall not apply to an inspection conducted after the local official or the local officials designee has provided notice in writing to the owner of the property or business identifying specific violations of state statute or regulation or local ordinance existing upon the property and the specific actions required to correct those violations.(d) For purposes of this section, the following definitions shall apply:(1) Agent or representative may include, but is not limited to, a licensed contractor that is performing work on, or has completed work on, the commercial property or business that is the subject of the inspection.(2) Local government means a city, including a charter city, county, or city and county.(3) Local official means a code enforcement officer, as defined in Section 829.5 of the Penal Code, of a city, county, or a city and county, a county health officer described in Article 1 (commencing with Section 101025) of Chapter 2 of Part 3 of Division 101, a city health officer described in Article 4 (commencing with Section 101450) of Chapter 4 of Part 3 of Division 101, or the designated agent of those health officers.(4) Person with a potential financial interest in the outcome of the inspection is any of the following:(A) A person who makes an offer to the owner to physically remediate for compensation potential violations of a state statute or regulation or local ordinance found in the course of an inspection by a local official.(B) A person who offers to provide or provides compensation to a local official in exchange for recommending the remediation services of a specific person, providing the contact information for those services to the owner or agent of the owner of the premises or business inspected, or providing the name of the owner of the property or business or agent or representative of the owner to the person who offers the remediation services.(e) This section does not affect the ability of a local government to recover the costs of any abatement or remediation performed by or pursuant to the authority of the local government in accordance with applicable law.SEC. 2. The Legislature finds and declares that Section 1 of this act adding Section 26250 to the Health and Safety Code addresses a matter of statewide concern, rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution.
1+Enrolled August 22, 2018 Passed IN Senate August 13, 2018 Passed IN Assembly August 20, 2018 Amended IN Senate June 26, 2018 Amended IN Assembly May 25, 2018 Amended IN Assembly April 16, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2485Introduced by Assembly Member ChauFebruary 14, 2018 An act to add Chapter 21 (commencing with Section 26250) to Division 20 of the Health and Safety Code, relating to code enforcement. LEGISLATIVE COUNSEL'S DIGESTAB 2485, Chau. Code enforcement: financially interested parties.Existing law provides for code enforcement officers employed by cities and counties who have enforcement authority for health, safety, and welfare requirements. Existing law also provides for county and city health officers to enforce orders and ordinances of the governing body of the county or city, or state statutes pertaining to public health.This bill would prohibit a local official, as defined, who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance from being accompanied during the inspection by a person with a potential financial interest in the outcome of the inspection, as defined, unless the person is the owner of the property or business, is the agent or representative of the owner, is a person who has, or operates under, a specified existing contract with the local government who has been directed by a local official to perform services at the property or business, or is a contractor or consultant, or a designated representative of a contractor or consultant, that is on a publicly available list of qualified bidders that may provide inspection, abatement, or remediation services to, and receive compensation for those services from, the local government, as specified. The bill would additionally prohibit a person who has entered into a contract with a local government for inspection, abatement, or remediation services, who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance without the presence of a local official from soliciting or receiving compensation from the owner to remediate any potential violations of a state statute or regulation or local ordinance found in the course of the inspection, as specified.The bill would include findings that this bill addresses a matter of statewide concern rather than a municipal affair. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 21 (commencing with Section 26250) is added to Division 20 of the Health and Safety Code, to read: CHAPTER 21. Prohibition on Financially Interested Individuals in Local Inspections26250. (a) Except as provided in subdivision (c), a local official who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance shall not, during the inspection, be accompanied by a person with a potential financial interest in the outcome of the inspection, unless the person is any one of the following: (1) The owner of the property or business.(2) The agent or representative of the owner of the property or business.(3) A person who has, or operates under, an existing contract with the local government of the local official to provide inspection, abatement, legal, or remediation services and has been directed by a local official to perform services at that particular inspected property or business.(4) A contractor or consultant, or a designated agent of that contractor or consultant, that is on a publicly available list of qualified bidders that may provide inspection, abatement, or remediation services to, and receive compensation for those services from, the local government. A person who accompanies a local official pursuant to this paragraph shall not solicit or receive compensation from the owner to remediate any potential violations of a state statute or regulation or local ordinance found in the course of the inspection.(b) Except as provided in subdivision (c), a person who has entered into a contract with a local government for inspection, abatement, or remediation services, who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance without the presence of a local official shall not solicit or receive compensation from the owner to remediate any potential violations of a state statute or regulation or local ordinance found in the course of the inspection.(c) Subdivisions (a) and (b) shall not apply to an inspection conducted after the local official or the local officials designee has provided notice in writing to the owner of the property or business identifying specific violations of state statute or regulation or local ordinance existing upon the property and the specific actions required to correct those violations.(d) For purposes of this section, the following definitions shall apply:(1) Agent or representative may include, but is not limited to, a licensed contractor that is performing work on, or has completed work on, the commercial property or business that is the subject of the inspection.(2) Local government means a city, including a charter city, county, or city and county.(3) Local official means a code enforcement officer, as defined in Section 829.5 of the Penal Code, of a city, county, or a city and county, a county health officer described in Article 1 (commencing with Section 101025) of Chapter 2 of Part 3 of Division 101, a city health officer described in Article 4 (commencing with Section 101450) of Chapter 4 of Part 3 of Division 101, or the designated agent of those health officers.(4) Person with a potential financial interest in the outcome of the inspection is any of the following:(A) A person who makes an offer to the owner to physically remediate for compensation potential violations of a state statute or regulation or local ordinance found in the course of an inspection by a local official.(B) A person who offers to provide or provides compensation to a local official in exchange for recommending the remediation services of a specific person, providing the contact information for those services to the owner or agent of the owner of the premises or business inspected, or providing the name of the owner of the property or business or agent or representative of the owner to the person who offers the remediation services.(e) This section does not affect the ability of a local government to recover the costs of any abatement or remediation performed by or pursuant to the authority of the local government in accordance with applicable law.SEC. 2. The Legislature finds and declares that Section 1 of this act adding Section 26250 to the Health and Safety Code addresses a matter of statewide concern, rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution.
22
3- Assembly Bill No. 2485 CHAPTER 263 An act to add Chapter 21 (commencing with Section 26250) to Division 20 of the Health and Safety Code, relating to code enforcement. [ Approved by Governor September 05, 2018. Filed with Secretary of State September 05, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 2485, Chau. Code enforcement: financially interested parties.Existing law provides for code enforcement officers employed by cities and counties who have enforcement authority for health, safety, and welfare requirements. Existing law also provides for county and city health officers to enforce orders and ordinances of the governing body of the county or city, or state statutes pertaining to public health.This bill would prohibit a local official, as defined, who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance from being accompanied during the inspection by a person with a potential financial interest in the outcome of the inspection, as defined, unless the person is the owner of the property or business, is the agent or representative of the owner, is a person who has, or operates under, a specified existing contract with the local government who has been directed by a local official to perform services at the property or business, or is a contractor or consultant, or a designated representative of a contractor or consultant, that is on a publicly available list of qualified bidders that may provide inspection, abatement, or remediation services to, and receive compensation for those services from, the local government, as specified. The bill would additionally prohibit a person who has entered into a contract with a local government for inspection, abatement, or remediation services, who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance without the presence of a local official from soliciting or receiving compensation from the owner to remediate any potential violations of a state statute or regulation or local ordinance found in the course of the inspection, as specified.The bill would include findings that this bill addresses a matter of statewide concern rather than a municipal affair. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
3+ Enrolled August 22, 2018 Passed IN Senate August 13, 2018 Passed IN Assembly August 20, 2018 Amended IN Senate June 26, 2018 Amended IN Assembly May 25, 2018 Amended IN Assembly April 16, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2485Introduced by Assembly Member ChauFebruary 14, 2018 An act to add Chapter 21 (commencing with Section 26250) to Division 20 of the Health and Safety Code, relating to code enforcement. LEGISLATIVE COUNSEL'S DIGESTAB 2485, Chau. Code enforcement: financially interested parties.Existing law provides for code enforcement officers employed by cities and counties who have enforcement authority for health, safety, and welfare requirements. Existing law also provides for county and city health officers to enforce orders and ordinances of the governing body of the county or city, or state statutes pertaining to public health.This bill would prohibit a local official, as defined, who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance from being accompanied during the inspection by a person with a potential financial interest in the outcome of the inspection, as defined, unless the person is the owner of the property or business, is the agent or representative of the owner, is a person who has, or operates under, a specified existing contract with the local government who has been directed by a local official to perform services at the property or business, or is a contractor or consultant, or a designated representative of a contractor or consultant, that is on a publicly available list of qualified bidders that may provide inspection, abatement, or remediation services to, and receive compensation for those services from, the local government, as specified. The bill would additionally prohibit a person who has entered into a contract with a local government for inspection, abatement, or remediation services, who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance without the presence of a local official from soliciting or receiving compensation from the owner to remediate any potential violations of a state statute or regulation or local ordinance found in the course of the inspection, as specified.The bill would include findings that this bill addresses a matter of statewide concern rather than a municipal affair. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
4+
5+ Enrolled August 22, 2018 Passed IN Senate August 13, 2018 Passed IN Assembly August 20, 2018 Amended IN Senate June 26, 2018 Amended IN Assembly May 25, 2018 Amended IN Assembly April 16, 2018
6+
7+Enrolled August 22, 2018
8+Passed IN Senate August 13, 2018
9+Passed IN Assembly August 20, 2018
10+Amended IN Senate June 26, 2018
11+Amended IN Assembly May 25, 2018
12+Amended IN Assembly April 16, 2018
13+
14+ CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
415
516 Assembly Bill No. 2485
6-CHAPTER 263
17+
18+Introduced by Assembly Member ChauFebruary 14, 2018
19+
20+Introduced by Assembly Member Chau
21+February 14, 2018
722
823 An act to add Chapter 21 (commencing with Section 26250) to Division 20 of the Health and Safety Code, relating to code enforcement.
9-
10- [ Approved by Governor September 05, 2018. Filed with Secretary of State September 05, 2018. ]
1124
1225 LEGISLATIVE COUNSEL'S DIGEST
1326
1427 ## LEGISLATIVE COUNSEL'S DIGEST
1528
1629 AB 2485, Chau. Code enforcement: financially interested parties.
1730
1831 Existing law provides for code enforcement officers employed by cities and counties who have enforcement authority for health, safety, and welfare requirements. Existing law also provides for county and city health officers to enforce orders and ordinances of the governing body of the county or city, or state statutes pertaining to public health.This bill would prohibit a local official, as defined, who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance from being accompanied during the inspection by a person with a potential financial interest in the outcome of the inspection, as defined, unless the person is the owner of the property or business, is the agent or representative of the owner, is a person who has, or operates under, a specified existing contract with the local government who has been directed by a local official to perform services at the property or business, or is a contractor or consultant, or a designated representative of a contractor or consultant, that is on a publicly available list of qualified bidders that may provide inspection, abatement, or remediation services to, and receive compensation for those services from, the local government, as specified. The bill would additionally prohibit a person who has entered into a contract with a local government for inspection, abatement, or remediation services, who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance without the presence of a local official from soliciting or receiving compensation from the owner to remediate any potential violations of a state statute or regulation or local ordinance found in the course of the inspection, as specified.The bill would include findings that this bill addresses a matter of statewide concern rather than a municipal affair.
1932
2033 Existing law provides for code enforcement officers employed by cities and counties who have enforcement authority for health, safety, and welfare requirements. Existing law also provides for county and city health officers to enforce orders and ordinances of the governing body of the county or city, or state statutes pertaining to public health.
2134
2235 This bill would prohibit a local official, as defined, who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance from being accompanied during the inspection by a person with a potential financial interest in the outcome of the inspection, as defined, unless the person is the owner of the property or business, is the agent or representative of the owner, is a person who has, or operates under, a specified existing contract with the local government who has been directed by a local official to perform services at the property or business, or is a contractor or consultant, or a designated representative of a contractor or consultant, that is on a publicly available list of qualified bidders that may provide inspection, abatement, or remediation services to, and receive compensation for those services from, the local government, as specified. The bill would additionally prohibit a person who has entered into a contract with a local government for inspection, abatement, or remediation services, who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance without the presence of a local official from soliciting or receiving compensation from the owner to remediate any potential violations of a state statute or regulation or local ordinance found in the course of the inspection, as specified.
2336
2437 The bill would include findings that this bill addresses a matter of statewide concern rather than a municipal affair.
2538
2639 ## Digest Key
2740
2841 ## Bill Text
2942
3043 The people of the State of California do enact as follows:SECTION 1. Chapter 21 (commencing with Section 26250) is added to Division 20 of the Health and Safety Code, to read: CHAPTER 21. Prohibition on Financially Interested Individuals in Local Inspections26250. (a) Except as provided in subdivision (c), a local official who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance shall not, during the inspection, be accompanied by a person with a potential financial interest in the outcome of the inspection, unless the person is any one of the following: (1) The owner of the property or business.(2) The agent or representative of the owner of the property or business.(3) A person who has, or operates under, an existing contract with the local government of the local official to provide inspection, abatement, legal, or remediation services and has been directed by a local official to perform services at that particular inspected property or business.(4) A contractor or consultant, or a designated agent of that contractor or consultant, that is on a publicly available list of qualified bidders that may provide inspection, abatement, or remediation services to, and receive compensation for those services from, the local government. A person who accompanies a local official pursuant to this paragraph shall not solicit or receive compensation from the owner to remediate any potential violations of a state statute or regulation or local ordinance found in the course of the inspection.(b) Except as provided in subdivision (c), a person who has entered into a contract with a local government for inspection, abatement, or remediation services, who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance without the presence of a local official shall not solicit or receive compensation from the owner to remediate any potential violations of a state statute or regulation or local ordinance found in the course of the inspection.(c) Subdivisions (a) and (b) shall not apply to an inspection conducted after the local official or the local officials designee has provided notice in writing to the owner of the property or business identifying specific violations of state statute or regulation or local ordinance existing upon the property and the specific actions required to correct those violations.(d) For purposes of this section, the following definitions shall apply:(1) Agent or representative may include, but is not limited to, a licensed contractor that is performing work on, or has completed work on, the commercial property or business that is the subject of the inspection.(2) Local government means a city, including a charter city, county, or city and county.(3) Local official means a code enforcement officer, as defined in Section 829.5 of the Penal Code, of a city, county, or a city and county, a county health officer described in Article 1 (commencing with Section 101025) of Chapter 2 of Part 3 of Division 101, a city health officer described in Article 4 (commencing with Section 101450) of Chapter 4 of Part 3 of Division 101, or the designated agent of those health officers.(4) Person with a potential financial interest in the outcome of the inspection is any of the following:(A) A person who makes an offer to the owner to physically remediate for compensation potential violations of a state statute or regulation or local ordinance found in the course of an inspection by a local official.(B) A person who offers to provide or provides compensation to a local official in exchange for recommending the remediation services of a specific person, providing the contact information for those services to the owner or agent of the owner of the premises or business inspected, or providing the name of the owner of the property or business or agent or representative of the owner to the person who offers the remediation services.(e) This section does not affect the ability of a local government to recover the costs of any abatement or remediation performed by or pursuant to the authority of the local government in accordance with applicable law.SEC. 2. The Legislature finds and declares that Section 1 of this act adding Section 26250 to the Health and Safety Code addresses a matter of statewide concern, rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution.
3144
3245 The people of the State of California do enact as follows:
3346
3447 ## The people of the State of California do enact as follows:
3548
3649 SECTION 1. Chapter 21 (commencing with Section 26250) is added to Division 20 of the Health and Safety Code, to read: CHAPTER 21. Prohibition on Financially Interested Individuals in Local Inspections26250. (a) Except as provided in subdivision (c), a local official who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance shall not, during the inspection, be accompanied by a person with a potential financial interest in the outcome of the inspection, unless the person is any one of the following: (1) The owner of the property or business.(2) The agent or representative of the owner of the property or business.(3) A person who has, or operates under, an existing contract with the local government of the local official to provide inspection, abatement, legal, or remediation services and has been directed by a local official to perform services at that particular inspected property or business.(4) A contractor or consultant, or a designated agent of that contractor or consultant, that is on a publicly available list of qualified bidders that may provide inspection, abatement, or remediation services to, and receive compensation for those services from, the local government. A person who accompanies a local official pursuant to this paragraph shall not solicit or receive compensation from the owner to remediate any potential violations of a state statute or regulation or local ordinance found in the course of the inspection.(b) Except as provided in subdivision (c), a person who has entered into a contract with a local government for inspection, abatement, or remediation services, who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance without the presence of a local official shall not solicit or receive compensation from the owner to remediate any potential violations of a state statute or regulation or local ordinance found in the course of the inspection.(c) Subdivisions (a) and (b) shall not apply to an inspection conducted after the local official or the local officials designee has provided notice in writing to the owner of the property or business identifying specific violations of state statute or regulation or local ordinance existing upon the property and the specific actions required to correct those violations.(d) For purposes of this section, the following definitions shall apply:(1) Agent or representative may include, but is not limited to, a licensed contractor that is performing work on, or has completed work on, the commercial property or business that is the subject of the inspection.(2) Local government means a city, including a charter city, county, or city and county.(3) Local official means a code enforcement officer, as defined in Section 829.5 of the Penal Code, of a city, county, or a city and county, a county health officer described in Article 1 (commencing with Section 101025) of Chapter 2 of Part 3 of Division 101, a city health officer described in Article 4 (commencing with Section 101450) of Chapter 4 of Part 3 of Division 101, or the designated agent of those health officers.(4) Person with a potential financial interest in the outcome of the inspection is any of the following:(A) A person who makes an offer to the owner to physically remediate for compensation potential violations of a state statute or regulation or local ordinance found in the course of an inspection by a local official.(B) A person who offers to provide or provides compensation to a local official in exchange for recommending the remediation services of a specific person, providing the contact information for those services to the owner or agent of the owner of the premises or business inspected, or providing the name of the owner of the property or business or agent or representative of the owner to the person who offers the remediation services.(e) This section does not affect the ability of a local government to recover the costs of any abatement or remediation performed by or pursuant to the authority of the local government in accordance with applicable law.
3750
3851 SECTION 1. Chapter 21 (commencing with Section 26250) is added to Division 20 of the Health and Safety Code, to read:
3952
4053 ### SECTION 1.
4154
4255 CHAPTER 21. Prohibition on Financially Interested Individuals in Local Inspections26250. (a) Except as provided in subdivision (c), a local official who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance shall not, during the inspection, be accompanied by a person with a potential financial interest in the outcome of the inspection, unless the person is any one of the following: (1) The owner of the property or business.(2) The agent or representative of the owner of the property or business.(3) A person who has, or operates under, an existing contract with the local government of the local official to provide inspection, abatement, legal, or remediation services and has been directed by a local official to perform services at that particular inspected property or business.(4) A contractor or consultant, or a designated agent of that contractor or consultant, that is on a publicly available list of qualified bidders that may provide inspection, abatement, or remediation services to, and receive compensation for those services from, the local government. A person who accompanies a local official pursuant to this paragraph shall not solicit or receive compensation from the owner to remediate any potential violations of a state statute or regulation or local ordinance found in the course of the inspection.(b) Except as provided in subdivision (c), a person who has entered into a contract with a local government for inspection, abatement, or remediation services, who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance without the presence of a local official shall not solicit or receive compensation from the owner to remediate any potential violations of a state statute or regulation or local ordinance found in the course of the inspection.(c) Subdivisions (a) and (b) shall not apply to an inspection conducted after the local official or the local officials designee has provided notice in writing to the owner of the property or business identifying specific violations of state statute or regulation or local ordinance existing upon the property and the specific actions required to correct those violations.(d) For purposes of this section, the following definitions shall apply:(1) Agent or representative may include, but is not limited to, a licensed contractor that is performing work on, or has completed work on, the commercial property or business that is the subject of the inspection.(2) Local government means a city, including a charter city, county, or city and county.(3) Local official means a code enforcement officer, as defined in Section 829.5 of the Penal Code, of a city, county, or a city and county, a county health officer described in Article 1 (commencing with Section 101025) of Chapter 2 of Part 3 of Division 101, a city health officer described in Article 4 (commencing with Section 101450) of Chapter 4 of Part 3 of Division 101, or the designated agent of those health officers.(4) Person with a potential financial interest in the outcome of the inspection is any of the following:(A) A person who makes an offer to the owner to physically remediate for compensation potential violations of a state statute or regulation or local ordinance found in the course of an inspection by a local official.(B) A person who offers to provide or provides compensation to a local official in exchange for recommending the remediation services of a specific person, providing the contact information for those services to the owner or agent of the owner of the premises or business inspected, or providing the name of the owner of the property or business or agent or representative of the owner to the person who offers the remediation services.(e) This section does not affect the ability of a local government to recover the costs of any abatement or remediation performed by or pursuant to the authority of the local government in accordance with applicable law.
4356
4457 CHAPTER 21. Prohibition on Financially Interested Individuals in Local Inspections26250. (a) Except as provided in subdivision (c), a local official who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance shall not, during the inspection, be accompanied by a person with a potential financial interest in the outcome of the inspection, unless the person is any one of the following: (1) The owner of the property or business.(2) The agent or representative of the owner of the property or business.(3) A person who has, or operates under, an existing contract with the local government of the local official to provide inspection, abatement, legal, or remediation services and has been directed by a local official to perform services at that particular inspected property or business.(4) A contractor or consultant, or a designated agent of that contractor or consultant, that is on a publicly available list of qualified bidders that may provide inspection, abatement, or remediation services to, and receive compensation for those services from, the local government. A person who accompanies a local official pursuant to this paragraph shall not solicit or receive compensation from the owner to remediate any potential violations of a state statute or regulation or local ordinance found in the course of the inspection.(b) Except as provided in subdivision (c), a person who has entered into a contract with a local government for inspection, abatement, or remediation services, who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance without the presence of a local official shall not solicit or receive compensation from the owner to remediate any potential violations of a state statute or regulation or local ordinance found in the course of the inspection.(c) Subdivisions (a) and (b) shall not apply to an inspection conducted after the local official or the local officials designee has provided notice in writing to the owner of the property or business identifying specific violations of state statute or regulation or local ordinance existing upon the property and the specific actions required to correct those violations.(d) For purposes of this section, the following definitions shall apply:(1) Agent or representative may include, but is not limited to, a licensed contractor that is performing work on, or has completed work on, the commercial property or business that is the subject of the inspection.(2) Local government means a city, including a charter city, county, or city and county.(3) Local official means a code enforcement officer, as defined in Section 829.5 of the Penal Code, of a city, county, or a city and county, a county health officer described in Article 1 (commencing with Section 101025) of Chapter 2 of Part 3 of Division 101, a city health officer described in Article 4 (commencing with Section 101450) of Chapter 4 of Part 3 of Division 101, or the designated agent of those health officers.(4) Person with a potential financial interest in the outcome of the inspection is any of the following:(A) A person who makes an offer to the owner to physically remediate for compensation potential violations of a state statute or regulation or local ordinance found in the course of an inspection by a local official.(B) A person who offers to provide or provides compensation to a local official in exchange for recommending the remediation services of a specific person, providing the contact information for those services to the owner or agent of the owner of the premises or business inspected, or providing the name of the owner of the property or business or agent or representative of the owner to the person who offers the remediation services.(e) This section does not affect the ability of a local government to recover the costs of any abatement or remediation performed by or pursuant to the authority of the local government in accordance with applicable law.
4558
4659 CHAPTER 21. Prohibition on Financially Interested Individuals in Local Inspections
4760
4861 CHAPTER 21. Prohibition on Financially Interested Individuals in Local Inspections
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5063 26250. (a) Except as provided in subdivision (c), a local official who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance shall not, during the inspection, be accompanied by a person with a potential financial interest in the outcome of the inspection, unless the person is any one of the following: (1) The owner of the property or business.(2) The agent or representative of the owner of the property or business.(3) A person who has, or operates under, an existing contract with the local government of the local official to provide inspection, abatement, legal, or remediation services and has been directed by a local official to perform services at that particular inspected property or business.(4) A contractor or consultant, or a designated agent of that contractor or consultant, that is on a publicly available list of qualified bidders that may provide inspection, abatement, or remediation services to, and receive compensation for those services from, the local government. A person who accompanies a local official pursuant to this paragraph shall not solicit or receive compensation from the owner to remediate any potential violations of a state statute or regulation or local ordinance found in the course of the inspection.(b) Except as provided in subdivision (c), a person who has entered into a contract with a local government for inspection, abatement, or remediation services, who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance without the presence of a local official shall not solicit or receive compensation from the owner to remediate any potential violations of a state statute or regulation or local ordinance found in the course of the inspection.(c) Subdivisions (a) and (b) shall not apply to an inspection conducted after the local official or the local officials designee has provided notice in writing to the owner of the property or business identifying specific violations of state statute or regulation or local ordinance existing upon the property and the specific actions required to correct those violations.(d) For purposes of this section, the following definitions shall apply:(1) Agent or representative may include, but is not limited to, a licensed contractor that is performing work on, or has completed work on, the commercial property or business that is the subject of the inspection.(2) Local government means a city, including a charter city, county, or city and county.(3) Local official means a code enforcement officer, as defined in Section 829.5 of the Penal Code, of a city, county, or a city and county, a county health officer described in Article 1 (commencing with Section 101025) of Chapter 2 of Part 3 of Division 101, a city health officer described in Article 4 (commencing with Section 101450) of Chapter 4 of Part 3 of Division 101, or the designated agent of those health officers.(4) Person with a potential financial interest in the outcome of the inspection is any of the following:(A) A person who makes an offer to the owner to physically remediate for compensation potential violations of a state statute or regulation or local ordinance found in the course of an inspection by a local official.(B) A person who offers to provide or provides compensation to a local official in exchange for recommending the remediation services of a specific person, providing the contact information for those services to the owner or agent of the owner of the premises or business inspected, or providing the name of the owner of the property or business or agent or representative of the owner to the person who offers the remediation services.(e) This section does not affect the ability of a local government to recover the costs of any abatement or remediation performed by or pursuant to the authority of the local government in accordance with applicable law.
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5467 26250. (a) Except as provided in subdivision (c), a local official who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance shall not, during the inspection, be accompanied by a person with a potential financial interest in the outcome of the inspection, unless the person is any one of the following:
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5669 (1) The owner of the property or business.
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5871 (2) The agent or representative of the owner of the property or business.
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6073 (3) A person who has, or operates under, an existing contract with the local government of the local official to provide inspection, abatement, legal, or remediation services and has been directed by a local official to perform services at that particular inspected property or business.
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6275 (4) A contractor or consultant, or a designated agent of that contractor or consultant, that is on a publicly available list of qualified bidders that may provide inspection, abatement, or remediation services to, and receive compensation for those services from, the local government. A person who accompanies a local official pursuant to this paragraph shall not solicit or receive compensation from the owner to remediate any potential violations of a state statute or regulation or local ordinance found in the course of the inspection.
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6477 (b) Except as provided in subdivision (c), a person who has entered into a contract with a local government for inspection, abatement, or remediation services, who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance without the presence of a local official shall not solicit or receive compensation from the owner to remediate any potential violations of a state statute or regulation or local ordinance found in the course of the inspection.
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6679 (c) Subdivisions (a) and (b) shall not apply to an inspection conducted after the local official or the local officials designee has provided notice in writing to the owner of the property or business identifying specific violations of state statute or regulation or local ordinance existing upon the property and the specific actions required to correct those violations.
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6881 (d) For purposes of this section, the following definitions shall apply:
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7083 (1) Agent or representative may include, but is not limited to, a licensed contractor that is performing work on, or has completed work on, the commercial property or business that is the subject of the inspection.
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7285 (2) Local government means a city, including a charter city, county, or city and county.
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7487 (3) Local official means a code enforcement officer, as defined in Section 829.5 of the Penal Code, of a city, county, or a city and county, a county health officer described in Article 1 (commencing with Section 101025) of Chapter 2 of Part 3 of Division 101, a city health officer described in Article 4 (commencing with Section 101450) of Chapter 4 of Part 3 of Division 101, or the designated agent of those health officers.
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7689 (4) Person with a potential financial interest in the outcome of the inspection is any of the following:
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7891 (A) A person who makes an offer to the owner to physically remediate for compensation potential violations of a state statute or regulation or local ordinance found in the course of an inspection by a local official.
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8093 (B) A person who offers to provide or provides compensation to a local official in exchange for recommending the remediation services of a specific person, providing the contact information for those services to the owner or agent of the owner of the premises or business inspected, or providing the name of the owner of the property or business or agent or representative of the owner to the person who offers the remediation services.
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8295 (e) This section does not affect the ability of a local government to recover the costs of any abatement or remediation performed by or pursuant to the authority of the local government in accordance with applicable law.
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8497 SEC. 2. The Legislature finds and declares that Section 1 of this act adding Section 26250 to the Health and Safety Code addresses a matter of statewide concern, rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution.
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8699 SEC. 2. The Legislature finds and declares that Section 1 of this act adding Section 26250 to the Health and Safety Code addresses a matter of statewide concern, rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution.
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88101 SEC. 2. The Legislature finds and declares that Section 1 of this act adding Section 26250 to the Health and Safety Code addresses a matter of statewide concern, rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution.
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90103 ### SEC. 2.