Sacramento Report
by Francisco Silva
The 2003-04 Legislative Session ended with the usual last-minute shuffle of bills, including AB 2400 (Keene), the bill regarding illegal methamphetamine labs. That bill, which would have required local officials to record a notice against property identified as contaminated from the manufacture of methamphetamines, was stopped at the finish line as a result of the California Apartment Association’s (CAA) heavy opposition.
CAA members mobilized before the session came to an end, writing a substantial number of letters and calling their legislators directly to express their concerns. CAA members genuinely want desire to address problems posed by meth labs, but they are deeply concerned about the unintended consequences that legislation such as AB 2400 would create if enacted into law. The bill required local governments to record a notice against the property if the property was identified as contaminated by a meth lab. But the bill did not provide for cleanup standards to guarantee the notice would be expunged once the property was appropriately cleaned. In the absence of cleanup standards, a permanent mark on the property would have resulted, which would have inhibited the ability of owners to transfer, insure, lease or refinance the property.
In response to the concerns expressed by members of CAA, Keene declined to move AB 2400 forward, meaning that the bill is dead. However, this issue will likely come again in the 2005-06 Legislative Session because many lawmakers see a growing problem in their districts with the creation of meth labs in single-family and multifamily homes. Even the most diligent rental property owners have found themselves faced with tenants who have set up an illegal drug lab. CAA will continue to monitor this issue and will keep you posted.
The opinions expressed in this article are those of the author and do not necessarily reflect the viewpoint of SFAA or the San Francisco Apartment Magazine. Francisco Silva is the vice president and counsel of legislative affairs for the California Apartment Association. Copyright © 2004 by the San Francisco Apartment Magazine. All rights reserved.